Min 05/20/2003 83
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
May 20, 2003
Item 1
The City Council of the City of Wichita Falls, Texas met in regular session on the above
date in the Council Room of the Memorial Auditorium Building at 6:00 o'clock p.m., with the
following members present:
Bill Altman - Mayor
Johnny Burns - Mayor Pro Tern
Arthur Bea Williams - Councilors
Linda Ammons -
James Esther, Jr -
Michael Norrie -
Harold Hawkins -
Darron Leiker - Assistant City Manager
Bill Sullivan - City Attorney
Ramona Coln - Deputy City Clerk
Mayor called the meeting to order.
Item 2
Pastor Tom Wisdom, Trinity Presbyterian Church, gave the invocation.
Item 3
Mayor proclaimed the week of May 17-24, 2003 as " Armed Forces Week" in Wichita
County. The Mayor of Burkburnett and Mayor of Iowa Park also signed the proclamation. Colonel
Darrell Sims, Vice Commander — 82nd Training Wing, Sheppard Air Force Base, accepted the
proclamation.
Mayor proclaimed the week of June 16-21, 2003 as "Maskat Shrine Oil Bowl Week".
Potentate Harold Hawkins and members of the Shriner Oil Bowl committee accepted the
proclamation.
Mayor proclaimed the week of May 18-24, 2003 as "Emergency Medical Services Week".
Charles Grady, American Medical Response Director of Operations, accepted the proclamation.
Mayor proclaimed May 20, 2003 as "Larry Borden Day" and "Travis Wiens Day", both
American Medical Response employees who received the Stars of Life award from the American
Ambulance Association and American Medical Response, Inc. Mr. Travis Wiens' award was
posthumous. Mr. Wiens wife, Stephanie, accepted the proclamation, and Mr. Larry Borden
accepted his proclamation.
Mayor proclaimed the month of May as "Older Americans Month/Elder Abuse Prevention
Month. The entities involved are Adult Protective Services, Area Agency on Aging, First Step, Inc.,
Helen Farabee MHMR Center, Texas Department of Human Services, Senior Citizens of North
Texas, Interfaith Ministries, Women in Need, Wichita Area Food Bank, Hospice, and Community
Health Care Center. Mrs. Kay Guerin accepted the proclamation.
Mayor recognized Chris Adams and William Swartz, boy scouts, who were in the audience
observing governmental procedures as part of obtaining their merit badges for rank of Eagle Scout.
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Item 4
The minutes of May 5, 2003 and May 6, 2003 were approved as distributed.
Items 5a-6c
Assistant City Manager Darron Leiker gave a briefing on the items listed under the Consent
Agenda.
Councilor Williams asked that item 5b be moved to the Regular Agenda.
Moved by Councilor Hawkins that the Consent Agenda be approved with the exception of
item 5b.
Motion seconded by Councilor Esther and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins
Nays: None
Item 5a
RESOLUTION NO. 56-2003
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, TO ACCEPT THE LIFT STATION 65 PUMP CONTROL VALVE PROJECT
AND AUTHORIZE FINAL PAYMENT TO JALYN CONSTRUCTION CO.; FINDING
AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Items 6a-6c
Minutes of the following board and commission meetings were received.
a. Traffic Safety Commission —April 2, 2003
b. Wichita Falls-Wichita County Public Health Board — February 28, 2003
c. Wichita Falls-Wichita County Public Health Board —April 7, 2003
Mayor asked that Item 9b be taken out of order and considered at this time.
Item 9b
RESOLUTION NO. 57-2003
A RESOLUTION NAMING THE WICHITA FALLS, TEXAS MULTI-PURPOSE
EVENTS CENTER EXHIBIT HALL THE RAY CLYMER EXHIBIT HALL; FINDING
AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Williams that Resolution No. 57-2003 be passed.
Motion seconded by Councilor Esther.
Moved by Mayor Altman to adopt the amendment previously provided to Council.
Motion seconded by Councilor Burns.
Mayor read the proposed resolution as amended.
Tommy McCulloch, 4925 Quail Springs Drive, highlighted several of Ray Clymer's
contributions to the City of Wichita Falls.
Phyllis Hiraki, Executive Director, Community Health Care Center, recognized Mr. Clymer
as being instrumental in creating this Health Care Center.
Gary Shores, #2 Chateau Drive, also commended Mr. Clymer in using his political contacts
85
Item 9b continued
for the betterment of Wichita Falls.
Councilor Hawkins endorsed this Resolution and stated the name Ray Clymer was a
perfect compliment to J.S. Bridwell and Kay Yeager.
Councilor Williams thanked Mr. Clymer for his individual contributions to this city and to her
personally. His generosity and loyalty have been immeasurable.
Councilor Esther added his endorsement and sentiments concerning Mr. Clymer.
Mayor stated that Mr. James Berzina, City Manager, asked him to add his endorsement
and wholehearted approval of this Resolution.
Motion to approve amended Resolution carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins
Nays: None
Main motion as amended carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins
Nays: None
Item 5b
RESOLUTION NO. 58-2003
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS,
AUTHORIZING AWARD OF BID FOR THE REHABILITATION OF PROPERTY LOCATED
AT 1229 WILLIAMS TO TAYLOR HOME IMPROVEMENTS IN THE AMOUNT OF
$29,910.00, AND FOR THE REHABILITATION OF PROPERTY LOCATED AT 910
ROOSEVELT TO ELVIN DUDLEY HOMES OF DISTINCTION IN THE AMOUNT OF
$26,721.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Williams that Resolution 58-2003 be passed.
Motion seconded by Councilor Ammons.
Councilor Williams asked if Taylor Home Improvements was a new construction company
in Wichita Falls.
Mr. David Clark, Community Development Director, replied that it was not a new company
and they have worked with the City previously. We have confidence in their ability to complete this
project.
Motion carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins
Nays: None
Item 7
A public hearing was held on the proposed use of Community Development Block Grant
(CDBG) and HOME Program funds for the Consolidated Plan One-Year Action Plan.
Mayor declared the public hearing open.
Mayor stepped out of Council Chambers for the remainder of the meeting. Mayor Pro Tern
Johnny Burns presided.
86
Item 7 continued
Mr. David Clark explained the process for receipt of these funds as an entitlement
City. He informed that $1,620,000 is anticipated in Community Development Block Grants
and $577,586.00 in Home Program funds. He stated this was a reduction from last year
and will affect some social programs.
Councilor Ammons questioned why only 70% of the funds would benefit low-income
persons. Mr. Clark replied that the other 30% was for elimination of slums and/or blight
conditions.
Mayor Pro Tern called for additional public comments. There being none, Mayor Pro Tern
declared the public hearing closed.
Item 8a
ORDINANCE NO. 49-2003
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS,
AMENDING THE 2002-03 BUDGET FOR THE TRANSIT SYSTEM TO REFLECT
ADDITIONAL FEDERAL AND STATE GRANT APPROPRIATIONS AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY FUNDING
AGREEMENTS RELATED HERETO; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW
Moved by Councilor Williams that Ordinance No. 49-2003 be passed.
Motion seconded by Councilor Ammons.
Darron Leiker, Assistant City Manager, informed that $267,023 was budgeted in the 2002-
2003 budget for State transit funding and that amount has been increased to $282,520.00 by the
State. These additional funds will enable the City to purchase a new transit bus and install
surveillance cameras on all buses.
Councilor Hawkins pointed out that this will also allow the City to reduce its subsidy amount
of$20,000.00 to be returned to the general fund.
Motion carried by the following vote.
Ayes: Mayor Pro Tern Burns, Councilors Williams, Ammons, Esther, Norrie, and Hawkins
Nays: None
Item 8b
ORDINANCE NO.50-2003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AMENDING SECTION 106-186 OF THE WICHITA FALLS CODE OF
ORDINANCES, RATIONING THE USE OF OUTSIDE WATER WITHIN THE CITY
OF WICHITA FALLS; REPEALING DIVISION 7, DROUGHT EMERGENCY,
SECTIONS 106-201 THROUGH 106-206; FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO
THE PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Hawkins that Ordinance No. 50-2003 be passed.
Motion seconded by Councilor Esther.
Charles Bentley, 3510 Juniper Lane, Chairman of Water Resources Commission, explained
the wording and changes in this amendment. The mail out information will be done as we near the
50% lake level instead of 60%. This will enable citizens to be informed in a more timely fashion.
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Item 8b continued
Councilor Hawkins was concerned with the cost of mailing a packet of ten pages to each
water account. Citizens will not take the time to read the entire packet thus costing the City
unnecessary dollars. He proposed a brief summary of the ordinance instead.
Councilor Esther disagreed with this statement. Citizens should be properly informed of all
restrictions and know the City's entire policy concerning this issue.
Councilor Norrie agreed that a bullet point summary would be sufficient and suggested
inserting reminders on the back of each water bill as to the drought conditions.
Councilor Williams would like the Water Resources Commission to consider reducing the
watering time to coincide with daylight saving time.
Mayor Pro Tern Burns suggested that at the end of the summary a statement and phone
number be added where citizens can obtain further information. He recommended the entire
ordinance be run on the City's web site. He felt that condensing the mail out ordinance to a
simplified bullet version would be more feasible and economic.
Moved by Councilor Hawkins to amend Section 106-186(c) to read "When the lake levels
near a combined capacity of 50%, the City shall mail to the mailing address for each water account:
(1) a copy of the water rationing zone map, (2) a summary of this ordinance, and (3) a cover letter
describing the drought conditions.
Motion seconded by Councilor Ammons and carried by the following vote.
Ayes: Mayor Pro Tern Burns, Councilors Williams, Ammons, Norrie, and Hawkins
Nays: Councilor Esther
Rudy Sommerfelt, 2200 Princeton, asked if this ordinance included restrictions on the filling
of a swimming pool.
Scott Taylor replied that there were no restrictions, however, there is a surcharge on each
water bill according to usage.
Main motion as amended carried by the following vote.
Ayes: Mayor Pro Tern Burns, Councilors Williams, Ammons, Norrie, and Hawkins
Nays: Councilor Esther
Item 8c
ORDINANCE NO. 51-2003
ORDINANCE PROVIDING FOR A PENALTY TO DEFRAY COSTS OF
COLLECTING DELINQUENT PROPERTY TAXES PURSUANT TO THE TEXAS
PROPERTY TAX CODE SECTIONS 33.07 AND 33.08; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Ammons that Ordinance No.51-2003 be passed.
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Mayor Pro Tern Burns, Councilors Williams, Ammons, Esther, Norrie, and Hawkins
Nays: None
88
Item 9a
RESOLUTION NO. 59-2003
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, APPROVING A WATER PURCHASE CONTRACT WITH THE CITY OF
BURKBURNETT; FINDING AND DETERMINING THAT THE MEETING AT WHICH
THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED
BY LAW
Moved by Councilor Hawkins that Resolution No. 59-2003 be passed.
Motion seconded by Councilor Williams.
Scott Taylor, Director of Public Works, explained the request from the City of Burkburnett for
the increase of the supply of water. They are asking for an increase from 2,493,000 gallons per
day to 3,300,000 gallons per day. This is necessary for the City of Burkburnett to be in compliance
with the Texas Commission on Environmental Quality Rules for Drinking Water. The City of
Wichita Falls does have the capacity in our system to meet this requirement. As water restrictions
are enforced, the City of Burkburnett will also enforce restrictions on their citizens.
Moved by Councilor Hawkins to amend Section 1.2 of the contract to by correcting the
name of the street from Debbie Drive to Hooper Drive.
Motion seconded by Councilor Ammons.
Councilor Williams was concerned with Section 5.2 of the contract. It requires Burkburnett
to have a Water Conservation Plan; who passes judgment on this plan and how is it monitored?
Mr. Taylor informed that the State requires each entity to have a Drought Contingency Plan
and the State sets and enforces the rules and allocations in a drought situation.
Motion carried by the following vote.
Ayes: Mayor Pro Tern Burns, Councilors Williams, Ammons, Esther, Norrie, and Hawkins
Nays: None
Main motion as amended carried by the following vote.
Ayes: Mayor Pro Tern Burns, Councilors Williams, Ammons, Esther, Norrie, and Hawkins
Nays: None
Item 10a
Councilor Williams welcomed Air Evac Lifeteam to Wichita Falls. This will be a great asset
to our City and surrounding communities. Councilor Williams commented on the progress of the
Public Safety Training Facility on She said that the excitement in the neighborhood is building as
the facility materializes.
Councilor Hawkins also welcomed Air Evac Lifeteam and stated that memberships for
families are available but not required for services. The monies from memberships will help
support this service. He asked about group rates for City employees at the opening and gave the
information to Mrs. Stricklin to pursue.
Councilor Ammons stated that she had attended the grand opening for the Central Fire
Station remodeling and she was very impressed with the work that had been accomplished. They
managed to stretch $60,000.00 into a $120,000.00 job.
Councilor Ammons asked Staff to look into the possibility of working with other utility entities
to combine the burying of utility lines when the City is repairing water lines.
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Item 10a continued
Councilor Hawkins mentioned a call he received from a citizen regarding the Public Safety
Training Facility. The citizen informed that Mrs. Stricklin had said that all fire and police training
academies were going to be stopped. Councilor Hawkins stated that the Public Safety Training
Facility was designed for Police and Fire training and to provide a place for the fire and police
academies. He asked for an explanation.
Mrs. Stricklin explained in detail the fire and police training process. She emphasized that
the training academies will continue because it is the only way they can get State certified. We are
going to increase the amount of training and the facility will be utilized day and night as well as on
weekends. The facility will be well utilized.
Councilor Hawkins said that he brought this up for information purposes. We had not
envisioned this for a training center for all the departments but for police and fire training.
Councilor Williams stated that public safety was a much more accurate description of what
this facility will do.
Mrs. Stricklin mentioned that there would be training for emergency management and other
public safety training in addition to police and fire training. Those things that involve public safety
training will be done at the Public Safety Training Center. We are still going to have police and fire
academies. It is just going to be coordinated a little differently.
Councilor Hawkins asked Staff to look into the possibility of biding out houses in the Jasper
Water Treatment area to save the cost of demolition. Mr. Scott Taylor will look into this but he has a
concern about having to get the houses up to Code before bidding them. He mentioned that in the
demolition process there is an asbestos issue.
Councilor Williams asked Staff to look into using the salvage from these houses if they are
demolished.
Councilor Hawkins referred to the 1-44 TXDOT Surface Rehab Project and asked if there
was going to be a cap on the highway from where it splits on the north side to the river. Mr. Taylor
will check with TXDOT.
Councilor Esther expressed concern about the three water line breaks on Wood Street.
Mr. Scott Taylor informed that they were being repaired and would be completed by the end of the
summer.
Councilor Esther congratulated Sheppard Air Force Base on a beautiful reception for Armed
Forces Day. He would like to encourage citizens to continue to support our troops in a positive
manner.
Councilor Norrie commended the Mayor for his attendance at various functions throughout
the City and considers the Mayor to be a good representative of the City.
Mayor Pro Tern Burns commented that an occasional night Council meeting gives citizens a
chance to be present who otherwise cannot attend day meetings. On behalf of the Council, he
expressed appreciation to Mr. Ray Clymer for his many contributions to our community.
Item 10b
There were no staff reports.
Item 10c
Mr. Scott Taylor reported that at 8:30 a.m. the combined lake levels were 57%. At 4:30
p.m., the combined levels were 57.7%.
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Item 10d
City Council went into Executive Session at 8:35 p.m. as authorized by Section 551.074 of
the Texas Government Code.
City Council reconvened at 8:45 p. m.
Mayor Pro Tern announced that no votes were taken in executive session.
Item 10e
No action was taken on this item.
Item 11
No one signed up to speak under public comments.
The City Council adjourned at 8:50 p.m.
PASSED AND APPROVED this day of 2003.
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WILLIAM K. ALTMAN
MAYOR
ATTEST:
Liu
Lydia Torres
City Clerk
NOTICE OF MEETING
Regular Meeting Of The Mayor And City Council Of The City Of
Wichita Falls, Texas To Be Held In The City Council Chambers Of
The Memorial Auditorium, 1300 Seventh Street, On Tuesday, May
20, 2003, Beginning At 6:00 p.m.
City Council: Mayor William K. Altman - Councilors Arthur Bea
Williams, Linda Ammons, James Esther, Michael Norrie, Johnny
Burns, and Harold Hawkins.
1. Call to Order.
2. Invocation: Pastor Tom Wisdom
Trinity Presbyterian Church
3. Presentations:
4. Approval of Minutes.
CONSENT AGENDA
5. Resolutions:
a. Resolution To Accept The Lift Station 65 Pump Control
Valve Project And Authorize Final Payment To Jalyn
Construction Co. (City Council Bill #117)
b. Resolution Authorizing Award Of Bids For The Rehabilitation
Of Property Located At 1229 Williams And 910 Roosevelt.
(City Council Bill #118)
6. Receive Minutes:
a. Wichita Falls Traffic Safety Commission — April 2, 2003
b. Wichita Falls — Wichita County Public Health Board —
February 28, 2003.
c. Wichita Falls — Wichita County Public Health Board — April 7,
2003.
City Council Agenda
Tuesday, May 20, 2003
Page 2
REGULAR AGENDA
7. Public Hearing On The Proposed Use Of Community
Development Block Grant (CDBG) And HOME Program Funds
For The Consolidated Plan One-Year Action Plan.
8. Ordinances:
a. Ordinance Amending The 2002-03 Budget For The Transit
System To Reflect Additional Federal And State Grant
Appropriations And Authorizing The City Manager To
Execute All Necessary Funding Agreements Related Hereto.
(City Council Bill #119)
b. Ordinance Amending Ordinance 52-2001 , Rationing The
Use Of Outside Water Within The City Of Wichita Falls;
Providing A Penalty Provision; And Amending The Water
Rationing Zone Map. (City Council Bill #120)
c. Ordinance Providing For A Penalty To Defray Costs Of
Collecting Delinquent Property Taxes Pursuant To The
Texas Property Tax Code Sections 33.07 And 33.08. (City
Council Bill #123)
9. Resolutions:
a. A Resolution Of The City Council Of The City Of Wichita
Falls, Texas, Approving A Water Purchase Contract With
The City Of Burkburnett. (City Council Bill #121)
b. A Resolution Naming The Wichita Falls, Texas Multi-
Purpose Events Center Exhibit Hall The Ray Clymer Exhibit
Hall. (City Council Bill #122)
10. Other Council Matters:
a. Discussion Of Items Of Concern To Members Of The City
Council.
b. Staff/Council Discussion.
c. Staff Reports: Lake Level Update
d. Executive Session: Consider Appointment To The Wichita-
Wilbarger 9-1-1 District As Authorized By Section 551.074
Of The Texas Government Code.
e. Appointment To The Wichita-Wilbarger 9-1-1 District.
City Council Agenda
Tuesday, May 20, 2003
Page 3
End Of Televised Segment
11 . Comments From The Public To Members Of The City Council
On Items That Are Not On The City Council Agenda.
12. Adjourn.
Wheelchair or handicapped accessibility to the meeting is
possible by using the handicapped parking spaces and ramp
located off the east parking lot on the Sixth Street entrance.
Spanish language interpreters, deaf interpreters, Braille copies
or any other special needs will be provided to any person
requesting a special service with at least 24 hours notice.
Please call the City Clerk's Office at 761-7409.
CERTIFICATION
I certify that the above notice of meeting was posted on the
bulletin board at Memorial Auditorium, Wichita Falls, Texas on
the day of 20 at
o'clock (a.m.)(p.m.).
City Clerk